“fire safety direction” (消防安全指示) means a fire safety direction given under section 5;
“fire service installation or equipment” (消防裝置或設備) means any installation or equipment manufactured, used or designed to be used for the purpose of—
- (a) extinguishing, attacking, preventing or limiting a fire;
- (b) giving warning of a fire; or
- (c) providing access to any premises or place for the purpose of extinguishing, attacking, preventing or limiting a fire;
“function” (職能) includes a power and a duty;
“mechanical ventilating system” (機械通風系統) includes an air conditioning system;
“non-domestic purposes” (非住用用途), in respect of a composite building, means use for a purpose other than domestic purposes;
“occupier” (佔用人) means the person who is occupying a building or part of a building (whether as owner or under any form of lease or licence);
“owner” (擁有人) has the same meaning as in the Buildings Ordinance (Cap. 123);
“prohibition order” (禁止令) means an order made under section 7.
(2) For the purposes of this Ordinance, where a building or part of a building is unoccupied, the owner shall be deemed to be the occupier and the enforcement authority may exercise any of his powers in relation to an occupier by exercising them with respect to the owner, and the owner shall continue to be liable in respect of any exercise of such powers under this subsection notwithstanding that the building or part of a building in respect of which the powers were exercised are subsequently occupied.
(3) For the avoidance of doubt, “non-domestic purposes” (非住用用途) includes use as a hotel, guesthouse, home for the elderly, child care centre or nursery.
4. Application of Ordinance
This Ordinance applies to composite buildings and domestic buildings but does not apply to such a building if it was constructed in accordance with the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121).
